Smashing Pumpkins
Sue Over Misuse Of Radio Interview
March 1998
Thanks to Jason Briggeman for sending this to us.
The Smashing Pumpkins, separately known as Billy Corgan, James Iha, and D'Arcy Wretzky, are suing the U.K.- based company Sound and Media Ltd. for in excess of $1 million over the use of a radio interview for a book- with- CD series without the Pumpkins' consent.
According to the suit, the interview, which was conducted with Corgan and former Pumpkin Jimmy Chamberlin, was recorded in Los Angeles by Westwood One Inc. in 1991 and intended for a single radio broadcast. Later in March of 1996, Westwood One Inc. entered into a license agreement with Sound and Media Ltd. whereby the company was to receive the master recordings of that interview for the worldwide production and distribution of a book- with- CD simply titled Smashing Pumpkins.
However, before using the interview for this purpose, Sound and Media Ltd. was required to obtain the consent of the artists, which, the Pumpkins allege in the suit, never happened. The group says that the company didn't request -- much less obtain -- a consent, release, or waiver relating to the interview.
They further allege that the booklet's use of their name, face, and/or likenesses was also used without consent. The Pumpkins allege that Sound and Media Ltd.'s actions were done willfully and with the intent to exploit the group's reputation and dilute its tradename.
The suit -- which lists 13 complaints including breach of written contract, breach of implied- in- fact contract, commercial appropriation of identity, dilution, unfair competition, unjust enrichment, constructive trust, declaratory relief, and injunctive relief -- is expected to be amended at or before trial to insert additional allegations if such an amendment is deemed necessary by the court. The suit was filed on Friday (March 13) in Los Angeles Superior Court.